Country of Origin Marking Rules for Florida Importers (2026)
U.S. law requires that every article of foreign origin imported into the United States be legibly and permanently marked with its country of origin, in English, so the ultimate purchaser can read it. The rule lives in 19 U.S.C. 1304. If goods arrive unmarked or incorrectly marked, CBP can demand remarking, assess a 10% marking duty, or refuse entry entirely — and that happens at PortMiami every week.
What “country of origin” means
Origin is not where the goods shipped from. It is where they were grown, produced, or manufactured. If materials from several countries are combined, origin is determined by substantial transformation — the country where processing produced a new article with a different name, character, or use. Simple assembly, packaging, or relabeling does not transform origin.
This matters beyond labeling: origin drives duty rates, trade preference eligibility, and exposure to remedies like Section 232 and Section 301. Our guides to USMCA and CAFTA-DR duty-free basics and HS code mistakes both turn on getting origin right first.
How the marking must appear
Legible, conspicuous, and permanent
The marking must be readable without magnification, located where a purchaser would reasonably find it, and durable enough to survive until the product reaches that purchaser. A sticker is acceptable if it will not fall off in normal handling; an ink stamp that rubs away is not.
In English, using an accepted form
“Made in China,” “Product of Brazil,” or simply the country name are acceptable. Abbreviations are allowed only where they unmistakably indicate the country. Foreign-language equivalents do not satisfy the requirement for goods sold in the United States.
Marked to the ultimate purchaser
The ultimate purchaser is the last U.S. person who receives the article in the form it was imported. For retail goods that is the consumer. For materials consumed in manufacturing, the manufacturer is the ultimate purchaser and marking the outer container may suffice.
Exceptions that actually apply
The J-List under 19 CFR 134.33 exempts certain articles — raw natural products, articles incapable of being marked, and goods where marking would be economically prohibitive. Crude substances, livestock, and some bulk commodities fall here. Where the article is exempt, the outermost container usually still must be marked.
Goods entered for a bonded warehouse or a foreign-trade zone can be marked after arrival but before entry for consumption. That is a practical reason Miami importers use bonded warehousing — unmarked goods can be brought in, marked under supervision, and released compliant. Our comparison of FTZ vs bonded warehouse covers which structure fits.
What happens when marking is wrong
CBP issues a marking notice requiring the goods be properly marked, exported, or destroyed under customs supervision. If the importer does not comply, a marking duty of 10% of the appraised value applies — and it is not eligible for drawback. Repeated violations can escalate to penalties under 19 U.S.C. 1592.
The practical cost is usually the delay, not the duty. Remarking a container of retail goods at a Miami container freight station means devanning, relabeling, and reloading, while demurrage accrues at the terminal. Our guide to demurrage and detention at PortMiami shows how fast that meter runs.
A pre-shipment routine that prevents this
Specify marking requirements in the purchase order, not the shipping instructions. Ask the supplier for photographs of marked product and marked cartons before the goods leave the factory. Spot-check the first shipment of any new SKU on arrival. For goods that will be repacked in the U.S., confirm whether your repacking preserves the original marking — repackers have their own certification obligations under 19 CFR 134.26.
Frequently asked questions
Does a sticker satisfy country of origin marking rules?
Yes, if it is legible, conspicuous, and permanent enough to remain on the article until it reaches the ultimate purchaser. A label that falls off in normal handling or shipping does not meet the requirement.
What is the penalty for goods arriving unmarked?
CBP will require the goods be marked, exported, or destroyed under supervision. If the importer does not comply, a marking duty of 10% of the appraised value applies, and it cannot be recovered through drawback.
Can unmarked goods be marked after they arrive in the United States?
Yes. Goods placed in a bonded warehouse or foreign-trade zone can be marked after arrival but before entry for consumption. CBP may also permit marking under supervision at a container freight station.
Need marking, repacking, or bonded storage in Miami?
Go Freight operates bonded and general warehousing at 3300 NW 110 St, Miami, FL 33167, with devanning, relabeling, and repacking under one roof. Request a freight quote or call (786) 445-0150.
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